Bill Text: NY S06579 | 2017-2018 | General Assembly | Amended
Bill Title: Provides for court ordered forensic evaluations in child custody and visitation cases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-30 - PRINT NUMBER 6579A [S06579 Detail]
Download: New_York-2017-S06579-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6579--A 2017-2018 Regular Sessions IN SENATE June 5, 2017 ___________ Introduced by Sen. AVELLA -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Children and Families in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the domestic relations law and the family court act, in relation to child custody forensic reports The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 70 of the domestic relations law is amended by 2 adding a new subdivision (c) to read as follows: 3 (c) Where a court order is issued for an evaluation or investigation 4 of the parties or a child by a forensic mental health professional in a 5 custody or visitation proceeding, other than by a probation service, a 6 child protective service or any other person authorized by statute, 7 appointed by the court to assist with the determination of child custody 8 or visitation pursuant to this article, hereinafter referred to for 9 purposes of this subdivision as "court ordered evaluators", then for 10 purposes of such court ordered forensic evaluations and investigations: 11 (1) The court will determine which party is responsible for payment of 12 the fee of the court ordered evaluator, or in what proportions payment 13 of the fee of the court ordered evaluator will be shared between the 14 parties, or otherwise paid on behalf of a party or parties, if applica- 15 ble. Any report or evaluation prepared by the court ordered evaluator, 16 to be known as a "forensic report" for the purposes of this subdivision, 17 shall be confidential and kept under seal except that all attorneys and 18 the attorney for the child shall have a right to receive a copy of any 19 such forensic report upon receipt of such a report by the court, 20 provided that they execute an affidavit acknowledging that they will not 21 give a copy of the report or the evaluator's file as provided for under EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09905-04-8S. 6579--A 2 1 paragraph two of this subdivision to a party or further disseminate the 2 report or said file except as otherwise expressly permitted under this 3 subdivision without the consent of the court, and will return the report 4 and file to the court upon conclusion of the litigation, subject to the 5 provisions of section three thousand one hundred three of the civil 6 practice law and rules. Provided, however, in no event shall a party or 7 his or her counsel be prevented from access to or review of a forensic 8 report in advance of and during trial. Any conditions or limitations 9 imposed by the court pursuant to this subdivision relating to disclosure 10 of the forensic report shall accommodate for language access and disa- 11 bility, except that no party to the action shall be permitted to have a 12 copy of the report or to reproduce or disseminate all or any portion 13 thereof. If a party is self-represented, the court shall make reasonable 14 accommodations for the self-represented party to review said report at a 15 court or other location, and to make notes about the report; and if a 16 party is represented, the party shall have a right to read the forensic 17 report in his or her attorney's office, to discuss the report with the 18 attorney representing him or her in the action, and to make notes about 19 the report. Upon application by counsel or a self-represented litigant, 20 the court shall permit a copy of the forensic report and a copy of the 21 court ordered evaluator's files as provided for under paragraph two of 22 this subdivision to be provided to any independent licensed forensic 23 evaluator retained to assist counsel or a self-represented litigant, 24 provided that the independent licensed forensic evaluator executes an 25 affidavit acknowledging that he or she may not further disseminate the 26 report or the files absent court permission, and will return the report 27 and the files to the court at the conclusion of the litigation, subject 28 to the provisions of section three thousand one hundred three of the 29 civil practice law and rules; and 30 (2) The court order appointing said evaluators shall provide to a 31 party's attorney or the attorney for the child the entire file related 32 to the proceeding including but not limited to, all underlying notes, 33 test data, raw test materials, underlying materials provided to or 34 relied upon by the court ordered evaluator and any records, photographs 35 or other evidence for inspection and photocopying, subject to the 36 provisions of section three thousand one hundred three of the civil 37 practice law and rules; except if an individual is self-represented, the 38 court shall make reasonable accommodations for the self-represented 39 party to review said entire file, including, without limitation, every- 40 thing that a party's attorney or the attorney for the child is entitled 41 to review as described above, at a court or other location and forward 42 those items to that location for inspection and note taking, but not for 43 photocopying or photographing or scanning; and 44 (3) A willful failure to comply with a court order conditioning or 45 limiting access to a forensic report, or a willful violation of the 46 provisions of this subdivision regarding dissemination of the forensic 47 report or the evaluator's file or of an affidavit executed with respect 48 thereto, shall be contempt of court and may be punishable as such as 49 provided under section seven hundred fifty or seven hundred fifty-three 50 of the judiciary law, as the case may be. The court shall notify the 51 parties and counsel on the record that a willful failure to comply with 52 the court order or the provisions of this subdivision regarding dissem- 53 ination of the forensic report or the evaluator's file or of an affida- 54 vit executed with respect thereto shall be contempt of court which may 55 include punishment of a fine or imprisonment or both; and the court 56 shall retain jurisdiction for the purposes of determining any applica-S. 6579--A 3 1 tion for contempt based on a willful failure to comply with a court 2 order or a willful violation of the provisions of this subdivision 3 regarding dissemination of the forensic report or the evaluator's file 4 or of an affidavit executed with respect thereto; and a party may seek 5 counsel fees to enforce or defend said application for contempt pursuant 6 to section seven hundred fifty or seven hundred fifty-three of the judi- 7 ciary law, as the case may be; and 8 (4) In the discretion of the court, or upon stipulation of the 9 parties, written reports may be used to substitute for direct testimony 10 at the trial, but the reports shall be submitted by the expert under 11 oath, and the expert shall be present and available for cross-examina- 12 tion. The court shall determine who is responsible for the payment of 13 any fees for said appearance or appearances by the expert; and 14 (5) The chief administrator of the courts may adopt rules authorizing 15 a court, in particular cases where a party does not raise a legally-val- 16 id objection thereto, to read or review a forensic report at one or more 17 of the following times as the rules shall permit: 18 (i) before the report is received in evidence at a trial or at a hear- 19 ing; 20 (ii) at the commencement of a trial or a hearing; 21 (iii) before accepting an agreement between the parties to its deter- 22 mination concerning child custody or visitation; or 23 (iv) at any other time if: 24 (A) agreed to by the parties and their counsel in a written stipu- 25 lation submitted to the court or in an agreement on the record in open 26 court; or 27 (B) permitted by the court upon application thereto showing good cause 28 therefor; and 29 (6) No forensic report or any portion or portions thereof shall be 30 attached to, or quoted in, any motions, pleadings or other documents by 31 counsel or a party. 32 § 2. Subdivision 1 of section 240 of the domestic relations law is 33 amended by adding a new paragraph (a-3) to read as follows: 34 (a-3) Court ordered forensic evaluations in proceedings involving 35 child custody and visitation. Where a court order is issued for an eval- 36 uation or investigation of the parties or a child by a forensic mental 37 health professional in a custody or visitation proceeding, other than by 38 a probation service, a child protective service or any other person 39 authorized by statute, appointed by the court to assist with the deter- 40 mination of child custody or visitation pursuant to this paragraph, 41 hereinafter referred to for purposes of this paragraph as "court ordered 42 evaluators", then for purposes of such court ordered forensic evalu- 43 ations and investigations: 44 (1) The court will determine which party is responsible for payment of 45 the fee of the court ordered evaluator, or in what proportions payment 46 of the fee of the court ordered evaluator will be shared between the 47 parties, or otherwise paid on behalf of a party or parties, if applica- 48 ble. Any report or evaluation prepared by the court ordered evaluator, 49 to be known as a "forensic report" for the purposes of this paragraph, 50 shall be confidential and kept under seal except that all attorneys and 51 the attorney for the child shall have a right to receive a copy of any 52 such forensic report upon receipt of such a report by the court, 53 provided that they execute an affidavit acknowledging that they will not 54 give a copy of the report or the evaluator's file as provided for under 55 subparagraph two of this paragraph to a party or further disseminate the 56 report or said file except as otherwise expressly permitted under thisS. 6579--A 4 1 paragraph without the consent of the court, and will return the report 2 and file to the court upon conclusion of the litigation, subject to the 3 provisions of section three thousand one hundred three of the civil 4 practice law and rules. Provided, however, in no event shall a party or 5 his or her counsel be prevented from access to or review of a forensic 6 report in advance of and during the trial. Any conditions or limitations 7 imposed by the court pursuant to this paragraph relating to disclosure 8 of the forensic report shall accommodate for language access and disa- 9 bility, except that no party to the action shall be permitted to have a 10 copy of the report or to reproduce or disseminate all or any portion 11 thereof. If a party is self-represented, the court shall make reasonable 12 accommodations for the self-represented party to review and report at a 13 court or other location, and to make notes about the report; and if a 14 party is represented, the party shall have a right to read the forensic 15 report in his or her attorney's office, to discuss the report with the 16 attorney representing him or her in the action, and to make notes about 17 the report. Upon application by counsel or a self-represented litigant, 18 the court shall permit a copy of the forensic report and a copy of the 19 court ordered evaluator's files as provided for under subparagraph two 20 of this paragraph to be provided to any independent licensed forensic 21 evaluator retained to assist counsel or a self-represented litigant, 22 provided that the independent licensed forensic evaluator executes an 23 affidavit acknowledging that he or she may not further disseminate the 24 report or the files absent court permission, and will return the report 25 and the files to the court at the conclusion of the litigation, subject 26 to the provisions of section three thousand one hundred three of the 27 civil practice law and rules; and 28 (2) The court order appointing said evaluator shall provide to a 29 party's attorney or the attorney for the child the entire file related 30 to the proceeding including but not limited to, all underlying notes, 31 test data, raw test materials, underlying materials provided to or 32 relied upon by the court ordered evaluator and any records, photographs 33 or other evidence for inspection and photocopying, subject to the 34 provisions of section three thousand one hundred three of the civil 35 practice law and rules; except if an individual is self-represented, the 36 court shall make reasonable accommodations for the self-represented 37 party to review said entire file, including, without limitation, every- 38 thing that a party's attorney or the attorney for the child is entitled 39 to review as described above, at a court or other location and forward 40 those items to that location for inspection and note taking, but not for 41 photocopying or photographing or scanning; and 42 (3) A willful failure to comply with a court order conditioning or 43 limiting access to a forensic report or a willful violation of the 44 provisions of this paragraph regarding dissemination of the forensic 45 report or the evaluator's file or of an affidavit executed with respect 46 thereto, shall be contempt of court and may be punishable as such as 47 provided under section seven hundred fifty or seven hundred fifty-three 48 of the judiciary law as the case may be. The court shall notify the 49 parties and counsel on the record that a willful failure to comply with 50 the court order or the provisions of this paragraph regarding dissem- 51 ination of the forensic report or the evaluator's file or of an affida- 52 vit executed with respect thereto shall be contempt of court which may 53 include punishment of a fine or imprisonment or both; and the court 54 shall retain jurisdiction for the purposes of determining any applica- 55 tion for contempt based on a willful failure to comply with a court 56 order or a willful violation of the provisions of this paragraph regard-S. 6579--A 5 1 ing dissemination of the forensic report or the evaluator's file or of 2 an affidavit executed with respect thereto; and a party may seek counsel 3 fees to enforce or defend said application for contempt pursuant to 4 section seven hundred fifty or seven hundred fifty-three of the judici- 5 ary law as the case may be; and 6 (4) In the discretion of the court, or upon stipulation of the 7 parties, written reports may be used to substitute for direct testimony 8 at the trial, but the reports shall be submitted by the expert under 9 oath, and the expert shall be present and available for cross-examina- 10 tion. The court shall determine who is responsible for the payment of 11 any fees for said appearance or appearances by the expert; and 12 (5) The chief administrator of the courts may adopt rules authorizing 13 a court, in particular cases where a party does not raise a legally-val- 14 id objection thereto, to read or review a forensic report at one or more 15 of the following times as the rules shall permit: 16 (i) before the report is received in evidence at a trial or at a hear- 17 ing; 18 (ii) at the commencement of a trial or a hearing; 19 (iii) before accepting an agreement between the parties to its deter- 20 mination concerning child custody or visitation; or 21 (iv) at any other time if: 22 (A) agreed to by the parties and their counsel in a written stipu- 23 lation submitted to the court or in an agreement on the record in open 24 court; or 25 (B) permitted by the court upon application thereto showing good cause 26 therefor; and 27 (6) No forensic report or any portion or portions thereof shall be 28 attached to, or quoted in, any motions, pleadings or other documents by 29 counsel or a party. 30 § 3. Subdivision (c) of section 251 of the family court act is relet- 31 tered subdivision (d) and a new subdivision (c) is added to read as 32 follows: 33 (c) Notwithstanding the provisions of this section to the contrary, 34 where a court order is issued for an evaluation or investigation of the 35 parties or a child by a forensic mental health professional in a custody 36 or visitation proceeding, other than by a probation service, a child 37 protective service or any other person authorized by statute, appointed 38 by the court to assist with the determination of child custody or visi- 39 tation pursuant to article four or six of this act, hereinafter referred 40 to for purposes of this subdivision as "court ordered evaluators", then 41 for purposes of such court ordered forensic evaluations and investi- 42 gations: 43 (1) Notwithstanding section one hundred sixty-five of this act and 44 section four hundred eight of the civil practice law and rules, the 45 provisions and limitations of sections three thousand one hundred one 46 and three thousand one hundred three of the civil practice law and rules 47 shall apply; and 48 (2) The court will determine which party is responsible for payment of 49 the fee of the court ordered evaluator, or in what proportions payment 50 of the fee of the court ordered evaluator will be shared between the 51 parties, or otherwise paid on behalf of a party or parties, if applica- 52 ble. Any report or evaluation prepared by the court ordered evaluator, 53 to be known as a "forensic report" for the purposes of this subdivision, 54 shall be confidential and kept under seal except that all attorneys and 55 the attorney for the child shall have a right to receive a copy of any 56 such forensic report upon receipt of such a report by the court,S. 6579--A 6 1 provided that they execute an affidavit acknowledging that they will not 2 give a copy of the report or the evaluator's file as provided for under 3 paragraph three of this subdivision to a party or further disseminate 4 the report or said file, except as otherwise expressly permitted under 5 this subdivision without the consent of the court, and will return the 6 report and file to the court upon conclusion of the litigation, subject 7 to the provisions of section three thousand one hundred three of the 8 civil practice law and rules. Provided, however, in no event shall a 9 party or his or her counsel be prevented from access to or review of a 10 forensic report in advance of and during trial. Any conditions or limi- 11 tations imposed by the court pursuant to this subdivision relating to 12 disclosure of the forensic report shall accommodate for language access 13 and disability, except that no party to the action shall be permitted to 14 have a copy of the report or to reproduce or disseminate all or any 15 portion thereof. If a party is self-represented, the court shall make 16 reasonable accommodations for the self-represented party to review said 17 report at a court or other location, and to make notes about the report; 18 and if a party is represented, the party shall have a right to read the 19 forensic report in his or her attorney's office, to discuss the report 20 with the attorney representing him or her in the action, and to make 21 notes about the report. Upon application by counsel or a self-represent- 22 ed litigant, the court shall permit a copy of the forensic report and a 23 copy of the court ordered evaluator's files as provided for under para- 24 graph three of this subdivision to be provided to any independent 25 licensed forensic evaluator retained to assist counsel or a self-repre- 26 sented litigant, provided that the independent licensed forensic evalu- 27 ator executes an affidavit acknowledging that he or she may not further 28 disseminate the report or the files absent court permission, and will 29 return the report and the files to the court at the conclusion of the 30 litigation, subject to the provisions of section three thousand one 31 hundred three of the civil practice law and rules; and 32 (3) The court order appointing said evaluator shall provide to a 33 party's attorney or the attorney for the child the entire file related 34 to the proceeding including but not limited to, all underlying notes, 35 test data, raw test materials, underlying materials provided to or 36 relied upon by the court ordered evaluator and any records, photographs 37 or other evidence for inspection and photocopying, subject to the 38 provisions of section three thousand one hundred three of the civil 39 practice law and rules; except if an individual is self-represented, the 40 court shall make reasonable accommodations for the self-represented 41 party to review said entire file, including, without limitation, every- 42 thing that a party's attorney or the attorney for the child is entitled 43 to review as described above, at a court or other location and forward 44 those items to that location for inspection and note taking, but not for 45 photocopying or photographing or scanning; and 46 (4) A willful failure to comply with a court order conditioning or 47 limiting access to a forensic report or a willful violation of the 48 provisions of this subdivision regarding dissemination of the forensic 49 report or the evaluator's file or of an affidavit executed with respect 50 thereto, shall be contempt of court and may be punishable as such as 51 provided under section seven hundred fifty or seven hundred fifty-three 52 of the judiciary law as the case may be. The court shall notify the 53 parties and counsel on the record that a willful failure to comply with 54 the court order or the provisions of this subdivision regarding dissem- 55 ination of the forensic report or the evaluator's file or of an affida- 56 vit executed with respect thereto shall be contempt of court which mayS. 6579--A 7 1 include punishment of a fine or imprisonment or both; and the court 2 shall retain jurisdiction for the purposes of determining any applica- 3 tion for contempt based on a willful failure to comply with a court 4 order or a willful violation of the provisions of this subdivision 5 regarding dissemination of the forensic report or the evaluator's file 6 or of an affidavit executed with respect thereto; and a party may seek 7 counsel fees to enforce or defend said application for contempt pursuant 8 to section seven hundred fifty or seven hundred fifty-three of the judi- 9 ciary law as the case may be; and 10 (5) In the discretion of the court, or upon stipulation of the 11 parties, written reports may be used to substitute for direct testimony 12 at the trial, but the reports shall be submitted by the expert under 13 oath, and the expert shall be present and available for cross-examina- 14 tion. The court shall determine who is responsible for the payment of 15 any fees for said appearance or appearances by the expert; and 16 (6) The chief administrator of the courts may adopt rules authorizing 17 a court, in particular cases where a party does not raise a legally-val- 18 id objection thereto, to read or review a forensic report at one or more 19 of the following times as the rules shall permit: 20 (i) before the report is received in evidence at a trial or at a hear- 21 ing; 22 (ii) at the commencement of a trial or a hearing; 23 (iii) before accepting an agreement between the parties to its deter- 24 mination concerning child custody or visitation; or 25 (iv) at any other time if: 26 (A) agreed to by the parties and their counsel in a written stipu- 27 lation submitted to the court or in an agreement on the record in open 28 court; or 29 (B) permitted by the court upon application thereto showing good cause 30 therefor; and 31 (7) No forensic report or any portion or portions thereof shall be 32 attached to, or quoted in, any motions, pleadings or other documents by 33 counsel or a party. 34 § 4. Section 651 of the family court act is amended by adding a new 35 subdivision (g) to read as follows: 36 (g) Court ordered forensic evaluations in proceedings involving child 37 custody and visitation. Notwithstanding the provisions of this section 38 to the contrary, where a court order is issued for an evaluation or 39 investigation of the parties or a child by a forensic mental health 40 professional in a custody or visitation proceeding, other than by a 41 probation service, a child protective service or any other person 42 authorized by statute, appointed by the court to assist with the deter- 43 mination of child custody or visitation pursuant to this article or 44 article four of this act, hereinafter referred to for purposes of this 45 subdivision as "court ordered evaluators", then for purposes of such 46 court ordered forensic evaluations and investigations; 47 (1) Notwithstanding section one hundred sixty-five of this act and 48 section four hundred eight of the civil practice law and rules, the 49 provisions and limitations of sections three thousand one hundred one 50 and three thousand one hundred three of the civil practice law and rules 51 shall apply; and 52 (2) The court will determine which party is responsible for payment of 53 the fee of the court ordered evaluator, or in what proportions payment 54 of the fee of the court ordered evaluator will be shared between the 55 parties, or otherwise paid on behalf of a party or parties, if applica- 56 ble. Any report or evaluation prepared by the court ordered evaluator,S. 6579--A 8 1 to be known as a "forensic report" for the purposes of this subdivision, 2 shall be confidential and kept under seal except that all attorneys and 3 the attorney for the child shall have a right to receive a copy of any 4 such forensic report upon receipt of such a report by the court; 5 provided that they execute an affidavit acknowledging that they will not 6 give a copy of the report or the evaluator's file as provided for under 7 paragraph three of this subdivision to a party or further disseminate 8 the report or said file except as otherwise expressly permitted under 9 this subdivision without the consent of the court, and will return the 10 report and file to the court upon conclusion of the litigation, subject 11 to the provisions of section three thousand one hundred three of the 12 civil practice law and rules. Provided, however, in no event shall a 13 party or his or her counsel be prevented from access to or review of a 14 forensic report in advance of and during trial. Any conditions or limi- 15 tations imposed by the court pursuant to this subdivision relating to 16 disclosure of the forensic report shall accommodate for language access 17 and disability; except that no party to the action shall be permitted to 18 have a copy of the report or to reproduce or disseminate all or any 19 portion thereof. If a party is self-represented, the court shall make 20 reasonable accommodations for the self-represented party to review said 21 report at a court or other location, and to make notes about the report; 22 and if a party is represented, the party shall have a right to read the 23 forensic report in his or her attorney's office, to discuss the report 24 with the attorney representing him or her in the action, and to make 25 notes about the report. Upon application by counsel or a self-represent- 26 ed litigant, the court shall permit a copy of the forensic report and a 27 copy of the court ordered evaluator's files as provided for under para- 28 graph three of this subdivision to be provided to any independent 29 licensed forensic evaluator retained to assist counsel or a self-repre- 30 sented litigant; provided that the independent licensed forensic evalu- 31 ator executes an affidavit acknowledging that he or she may not further 32 disseminate the report or the files absent court permission, and will 33 return the report and the files to the court at the conclusion of the 34 litigation, subject to the provisions of section three thousand one 35 hundred three of the civil practice law and rules; and 36 (3) The court order appointing said evaluator shall provide to a 37 party's attorney or the attorney for the child the entire file related 38 to the proceeding including but not limited to, all underlying notes, 39 test data, raw test materials, underlying materials provided to or 40 relied upon by the court ordered evaluator and any records, photographs 41 or other evidence for inspection and photocopying, subject to the 42 provisions of section three thousand one hundred three of the civil 43 practice law and rules; except if an individual is self-represented, the 44 court shall make reasonable accommodations for the self-represented 45 party to review said entire file, including, without limitation, every- 46 thing that a party's attorney or the attorney for the child is entitled 47 to review as described above, at a court or other location and forward 48 those items to that location for inspection and note taking, but not for 49 photocopying or photographing or scanning; and 50 (4) A willful failure to comply with a court order conditioning or 51 limiting access to a forensic report or a willful violation of the 52 provisions of this subdivision regarding dissemination of the forensic 53 report or the evaluator's file or of an affidavit executed with respect 54 thereto, shall be contempt of court and may be punishable as such as 55 provided under section seven hundred fifty or seven hundred fifty-three 56 of the judiciary law as the case may be. The court shall notify theS. 6579--A 9 1 parties and counsel on the record that a willful failure to comply with 2 the court order or the provisions of this subdivision regarding dissem- 3 ination of the forensic report or the evaluator's file or of an affida- 4 vit executed with respect thereto shall be contempt of court which may 5 include punishment of a fine or imprisonment or both; and the court 6 shall retain jurisdiction for the purposes of determining any applica- 7 tion for contempt based on a willful failure to comply with a court 8 order or a willful violation of the provisions of this subdivision 9 regarding dissemination of the forensic report or the evaluator's file 10 or of an affidavit executed with respect thereto; and a party may seek 11 counsel fees to enforce or defend said application for contempt pursuant 12 to section seven hundred fifty or seven hundred fifty-three of the judi- 13 ciary law as the case may be; and 14 (5) In the discretion of the court, or upon stipulation of the 15 parties, written reports may be used to substitute for direct testimony 16 at the trial, but the reports shall be submitted by the expert under 17 oath, and the expert shall be present and available for cross-examina- 18 tion. The court shall determine who is responsible for the payment of 19 any fees for said appearance or appearances by the expert; and 20 (6) The chief administrator of the courts may adopt rules authorizing 21 a court, in particular cases where a party does not raise a legally-val- 22 id objection thereto, to read or review a forensic report at one or more 23 of the following times as the rules shall permit: 24 (i) before the report is received in evidence at a trial or at a hear- 25 ing; 26 (ii) at the commencement of a trial or a hearing; 27 (iii) before accepting an agreement between the parties to its deter- 28 mination concerning child custody or visitation; or 29 (iv) at any other time if: 30 (A) agreed to by the parties and their counsel in a written stipu- 31 lation submitted to the court or in an agreement on the record in open 32 court; or 33 (B) permitted by the court upon application thereto showing good cause 34 therefor; and 35 (7) No forensic report or any portion or portions thereof shall be 36 attached to, or quoted in, any motions, pleadings or other documents by 37 counsel or a party. 38 § 5. This act shall take effect on the ninetieth day after it shall 39 have become a law; provided, however, that effective immediately the 40 chief administrator of the courts, with the approval of the administra- 41 tive board of the courts, is authorized and directed to promulgate any 42 rules necessary to implement the provisions of this act on or before 43 such effective date.
